Under California state law, motor vehicle drivers are required to yield to pedestrians who are in marked or unmarked crosswalks. They are also expected to watch out for pedestrians in their vehicle’s blind spots. Unfortunately, many pedestrians learn that there is no shortage of drivers in the Golden State who are reckless, careless, or even aggressive toward people walking near their vehicles.
Have you been hurt recently because a negligent driver struck you while you were in a crosswalk, on a sidewalk, or otherwise walking lawfully near an active roadway? If so, consider discussing your legal options with a Santa Clarita pedestrian accident lawyer. You may be able to demand comprehensive compensation for the harm you have sustained, and the support of a compassionate personal injury attorney from Swift Justice could be vital to achieving the best resolution for your unique claim.
While pedestrians are more likely to suffer serious injuries in traffic collisions compared to drivers involved in such incidents, that does not automatically mean a driver is liable for damages if they collide with a pedestrian. As with any other personal injury claim, the burden of proof in a pedestrian accident lies with the injured person filing a claim, who must show through a “preponderance of the evidence” that a specific negligent act by the person they are suing was the primary and direct cause of their otherwise preventable injury.
Drivers could be held legally liable for pedestrian crashes caused by illegal acts, moments of carelessness, or a mixture of both. A Santa Clarita pedestrian injury attorney could help you understand that civil courts do not differentiate between negligent acts based on their subjective severity. A driver who injures a pedestrian simply because they got distracted at the wrong moment is just as liable for damages as someone who injures a pedestrian by speeding while driving drunk.
Both economic and non-economic damages could be incorporated into a pedestrian injury claim, meaning it may be possible to seek compensation for objective financial losses and subjective personal losses after an accident. These losses could include, but are not strictly limited to:
It should be emphasized that state law strictly limits the amount of time most people have to sue over a personal injury to two years, starting from the date the injury first occurred. This is one of many reasons why contacting a capable lawyer as soon as possible after a pedestrian collision in Santa Clarita is key to achieving a favorable case result.
The idea of starting a civil lawsuit while you are still healing after being hit by a car is understandably unappealing. However, you have limited time to formally seek civil restitution for the injuries you have unjustly sustained. In addition, the process of building, filing, and pursuing a personal injury lawsuit could be more challenging and time-consuming than you expect.
Fortunately, a seasoned Santa Clarita pedestrian accident lawyer from Swift Justice could help you. Contact us today to schedule a consultation to discuss your possible case.
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